IMPORTANT JUDGEMENTS for October 2018

IMPORTANT JUDGEMENTS

 Forfeiture of gratuity is not automatic on dismissal from service.
2018 LLR 1051
SUPREME COURT OF INDIA

 Revision/fixation of pay-scales is highly technical and tedious.
2018 LLR 1055
SUPREME COURT OF INDIA

 Nature of duties of Police personnel is different from security personnel.
2018 LLR 1055
SUPREME COURT OF INDIA

 Non-rebuttal of evidence by employer would justify regularisation of contract workers.
2018 LLR 1057
SUPREME COURT OF INDIA

 Exemption of a charitable hospital from Income Tax would not justify exemption from Bonus Act.
2018 LLR 1060
DELHI HIGH COURT

 Industrial dispute as raised is not to be adjudicated by the appropriate government.
2018 LLR 1071
MADHYA PRADESH HIGH COURT

 Termination of a contractual employee is not to be construed as retrenchment.
2018 LLR 1077
PUNJAB AND HARYANA HIGH COURT

 A 12-year belated industrial dispute would not be tenable.
2018 LLR 1079
JHARKHAND HIGH COURT

 Deposit of misappropriated money would not exonerate delinquent from punishment.
2018 LLR 1081
ALLAHABAD HIGH COURT

 Industrial Adjudicator has to confine his award to the terms of reference.
2018 LLR 1081
ALLAHABAD HIGH COURT

 Reinstatement of a workman guilty of misappropriation is not tenable.
2018 LLR 1081
ALLAHABAD HIGH COURT

 Reinstatement with 50% back wages is appropriate on illegal termination.
2018 LLR 1084
BOMBAY HIGH COURT

 Plea of engagement of worker through contractor from 1964 not tenable since Contract Labour (R&A) Act was enacted in 1970.
2018 LLR 1084
BOMBAY HIGH COURT

 Proved misconduct of moral turpitude needs no confirmation for denial of gratuity.
2018 LLR 1086
CALCUTTA HIGH COURT

 Standard of proof, required under the Compensation Act is different than criminal trial.
2018 LLR 1090
PUNJAB AND HARYANA HIGH COURT

 Notice of change under the ID Act is meant to workman giving chance to be heard.
2018 LLR 1093
SUPREME COURT OF INDIA

 An order passed against a party without service of summons is not sustainable.
2018 LLR 1098
Orissa HIGH COURT

 Authority under the Minimum Wages Act would be a Civil Court.
2018 LLR 1098
Orissa HIGH COURT

 Labour Court will determine only validity of punishment when enquiry is fair and proper.
2018 LLR 1101
PUNJAB AND HARYANA HIGH COURT

 No penalty for delayed payment of accident compensation justified when employer extended immediate relief.
2018 LLR 1105
PUNJAB AND HARYANA HIGH COURT

 Termination of hospital employees for creating reign of terror would be justified even without enquiries.
2018 LLR 1106
KARNATAKA HIGH COURT

 Civil Court is not empowered to grant reinstatement on illegal termination.
2018 LLR 1115
KERALA HIGH COURT

 Mens rea and actus reus are determining factors for imposing damages for delayed deposit of EPF contribution.
2018 LLR 1121
BOMBAY HIGH COURT

 Damages for delayed deposit are not mechanical without considering its reason.
2018 LLR 1121
BOMBAY HIGH COURT

 Levy of damages/penalty not appropriate for delayed deposit of PF dues by a sick company.
2018 LLR 1121
BOMBAY HIGH COURT

 Writ Court not to interfere with an order passed by the subordinate courts/authorities unless a manifest error is pointed out.
2018 LLR 1121
BOMBAY HIGH COURT

 Instalments can be allowed for payment of EPF arrears due to financial crunch.
2018 LLR 1123
KERALA HIGH COURT

 Non-disclosure of status of the accused would result into dismissal of a complaint for prosecution.
2018 LLR 1124
KERALA HIGH COURT

 Only in-charge controlling the establishment would be liable for penalty for violating Act and the Scheme.
2018 LLR 1124
KERALA HIGH COURT

 Show cause notice is to be replied with reasons instead of challenging in the High Court.
2018 LLR 1125
MADRAS HIGH COURT

 High Court not to entertain writ petition when EPFO show cause notice is challenged
2018 LLR 1125
MADRAS HIGH COURT

 Refrigerator for storage of chilling of cold drinks etc. not '˜power' for applicability of Act with aid of power.
2018 LLR 1126
Orissa HIGH COURT

 Coverage of establishment with less than 20 employees is not legal.
2018 LLR 1126
Orissa HIGH COURT

 Cooperative society not to be covered if number of employee is less than 50.
2018 LLR 1126
Orissa HIGH COURT

 EPF Authority cannot file Letter Patent Appeal against an order in High Court.
2018 LLR 1129
PATNA HIGH COURT

 EPF Authority liable to refund money with interest if recovered without deciding applicability of the Act.
2018 LLR 1135
PUNJAB AND HARYANA HIGH COURT

 EPF Act not applicable upon employees covered by General Provident Fund or any other equally beneficial Scheme.
2018 LLR 1135
PUNJAB AND HARYANA HIGH COURT

 Tribunal is empowered to waive or reduce the amount to be deposited for admission of an appeal.
2018 LLR 1137
PUNJAB AND HARYANA HIGH COURT

 Pre-deposit of 75% on appeal can be waived by EPF Tribunal due to poor financial condition of the appellant.
2018 LLR 1137
PUNJAB AND HARYANA HIGH COURT

 25% pre-deposit on admission of appeal is appropriate in view of pendency for 4 years.
2018 LLR 1137
PUNJAB AND HARYANA HIGH COURT

 Show cause notice is to be replied with reasons instead of challenging in the High Court.
2018 LLR 1141
MADRAS HIGH COURT

 High Court not to entertain writ petition when EPFO show cause notice is challenged
2018 LLR 1141
MADRAS HIGH COURT

 EPF authority is empowered to conduct enquiry by providing reasonable opportunity to the parties.
2018 LLR 1146
MADRAS HIGH COURT

 Only minor sons would get the EPF dues of a deceased member.
2018 LLR 1146
MADRAS HIGH COURT

 Coverage under the Act by clubbing two establishments run by father and son can't be set aside.
2018 LLR 1148
RAJASTHAN HIGH COURT